Supreme Court will take up new health law dispute

This May 22, 2013 file photo shows customer at a Hobby Lobby store in Denver. President Barack Obama's health care law is headed for a new Supreme Court showdown over companies' religious objections to the law's birth-control mandate. The administration wants the court to hear its appeal of the Denver-based federal appeals court ruling in favor of Hobby Lobby, an Oklahoma City-based arts and crafts chain that calls itself a "biblically founded business" and is closed on Sundays. Founded in 1972, the company now operates more than 500 stores in 41 states and employs more than 13,000 full-time employees who are eligible for health insurance.

The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama's health care law: whether businesses may use religious objections to escape a requirement to cover birth control for employees.

WASHINGTON — The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama's health care law: whether businesses may use religious objections to escape a requirement to cover birth control for employees.

The justices said they will take up an issue that has divided the lower courts in the face of roughly 40 lawsuits from for-profit companies asking to be spared from having to cover some or all forms of contraception.

The Obama administration promotes the law's provision of a range of preventive care, free of charge, as a key benefit of the health care overhaul. Contraception is included in the package of cost-free benefits, which opponents say is an attack on the religious freedom of employers.

The court will consider two cases. One involves Hobby Lobby Inc., an Oklahoma City-based arts and crafts chain with 13,000 full-time employees. Hobby Lobby won in the lower courts.

The other case is an appeal from Conestoga Wood Specialties Corp., a Pennsylvania company that employs 950 people in making wood cabinets. Lower courts rejected the company's claims.

The court said the cases will be combined for arguments, probably in late March. A decision should come by late June.

The cases center on the provision of the law that requires most employers that offer health insurance to their workers to provide the range of preventive health benefits. In both instances, the Christian families that own the companies say that insuring some forms of contraception violates their religious beliefs.

The key issue is whether profit-making corporations may assert religious beliefs under the 1993 Religious Freedom Restoration Act or the First Amendment provision guaranteeing Americans the right to believe and worship as they choose.

Nearly four years ago, the justices expanded the concept of corporate "personhood," saying in the Citizens United case that corporations have the right to participate in the political process the same way that individuals do. Some lower court judges have applied the same logic in the context of religious beliefs.

"The government has no business forcing citizens to choose between making a living and living free," said David Cortman of the Alliance Defending Freedom, the Christian public interest law firm that is representing Conestoga Wood at the Supreme Court.

White House press secretary Jay Carney said the health care law "puts women and families in control of their health care by covering vital preventive care, like cancer screenings and birth control, free of charge." Carney said the administration already has exempted churches from the requirement, and has created a buffer between faith-affiliated charities and contraceptive coverage by requiring insurers or another third party to provide contraceptive coverage instead of the religious employer. Separate lawsuits are challenging that arrangement.

The issue is largely confined to religious institutions and family-controlled businesses with a small number of shareholders. A survey by the Kaiser Family Foundation found 85 percent of large American employers already had offered coverage before the health care law required it.

Hobby Lobby calls itself a "biblically founded business" and is closed on Sundays. Founded in 1972, the company now operates more than 500 stores in 41 states. The Green family, Hobby Lobby's owners, also owns the Mardel Christian bookstore chain.

The 10th U.S. Circuit Court of Appeals said corporations can be protected by the 1993 law in the same manner as individuals, and "that the contraceptive-coverage requirement substantially burdens Hobby Lobby and Mardel's rights under" the law.

Popular Comments

It is fascinating how politically correct bullies who claim to be traumatized by
public religious speech (which requires no more emotional effort than mere
tolerance of a different opinion) suddenly do not see a problem forcing someone
to violate
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7:27 a.m. Nov. 26, 2013

Top comment

Stalwart Sentinel

San Jose, CA

Counter Intelligence -

For-profit companies do not have a will, they
do not have a religion, and they do not have a conscience. But, you seem so
sure of yourself, so I bet you can prove to me where the laws of the United
States grant
More..

9:24 a.m. Nov. 26, 2013

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dan76

san antonio, TX

To Granny;

From your monicker, one must assume you've had
children and subsequently grandchildren. Why then were childless members of
society required to pay school district taxes to support your kin's
education?